Western Australian Current Acts Western Australian Current Acts (1) An order made
pursuant to section 37 may be made to take effect within such time as is fixed
by the Commissioner or person appointed pursuant to subsection (1) of that
section.
(2) The Commissioner
or person appointed pursuant to section 37(1) shall cause a copy of an order
made pursuant to that section to be given to the dealer against whom the order
is made as soon as is practicable after its making.
(3) An order made
pursuant to section 37 may be enforced by filing, free of charge, in the
registry of the Magistrates Court at the place nearest to the premises of the
dealer at which the vehicle the subject of the dispute was purchased or
nearest to the place of business of the person applying to have the order
enforced or the place where the person applying to have the order enforced
resides —
(a) a
copy of the order certified by the Commissioner or person appointed pursuant
to section 37(1) to be a true copy; and
(b) the
affidavit of the person enforcing the order, taken by a justice, as to the
amount not paid under the order,
whereupon the order
shall be deemed to be a judgment that requires payment of money duly made by
the Magistrates Court and may be enforced accordingly.
(4) It shall be
competent for a person to file a copy pursuant to subsection (3) of this
section once only, and a second or subsequent filing purportedly pursuant to
the subsection shall be ineffectual.
(5) If objection is
taken that the registry of the Magistrates Court in which the copy of the
order and the affidavit are filed is not the appropriate one in terms of
subsection (3), the Commissioner or the person appointed pursuant to
section 37(1) shall determine the question having regard to the relevant
principles set out in the Magistrates Court (Civil Proceedings) Act 2004 or
the Magistrates Court’s rules of court, and the determination of the
Commissioner or the person so appointed, as the case requires, is final and
conclusive.
(6) The
Limitation Act 2005 applies in respect of an order made under this section and
in respect of any order made by the Commissioner or the person appointed
pursuant to section 37(1) as it applies in respect of any judgment.
[Section 37A inserted: No. 49 of 1979 s. 18;
amended: No. 59 of 2004 s. 141; No. 20 of 2005 s. 23; No. 8 of 2009 s. 94(3).]